Skip to content
The COVID Project
  1. Library
  2. Standing duties: South Dakota
  3. DUT-SD-016

Ex. DUT-SD-016 Standing duty Primary source read

Administrative Rules of South Dakota, ch. 44:02:07, Food Service Code (§§ 44:02:07:02, 44:02:07:03, 44:02:07:06, 44:02:07:07, 44:02:07:09 to 44:02:07:12)

Food Service Code: person in charge; employee health reporting; employee exclusions and restrictions; removal of exclusions; interpretation conformed to the FDA Food Code

South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17 and 34-18-22) · South Dakota (State)

The COVID Project

The record

Jurisdiction
South Dakota
Level
State
Authority
SDCL 34-1-17, 34-18-22 (General Authority); SDCL 34-18-22, 34-18-25 (Law Implemented)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • specified businesses: licensed food service establishments, their license holders, persons in charge and food employees
Character
sanitary code duty
Collection
Standing duties: South Dakota DUT-SD

Operative words

The person in charge must exclude an ill employee or advise the employee to seek medical diagnosis. Upon receipt of medical documentation, the person in charge must restrict or exclude the employee in the following manner: (1) Exclude a food employee from a food establishment if the food employee is diagnosed with an infectious agent specified in subdivision 44:02:07:06(1)

Penalty

SDCL 34-18-32: Class 2 misdemeanor, each day a separate offense; 34-18-27 summary suspension; 34-18-27.1(5) revocation for violating the rules (Ex. DUT-SD-015)

What it required

Every licensed food establishment's person in charge 'must exclude an ill employee or advise the employee to seek medical diagnosis' (44:02:07:07), every license holder 'must require food employee applicants... and current food employees to report information to the person in charge about their health' (44:02:07:06), and the rules are interpreted in conformity with the public health reasons of the FDA Food Code (44:02:07:02): the standing employee-screening and exclusion duty of the restaurant trade, which the pandemic directives on symptom screening and exclusion of the ill particularized.

Retrieval note

The rule's enumerated agents (44:02:07:06(1)) are the foodborne pathogens of the 1995 Food Code; the general exclusion command of the first sentence of 44:02:07:07 ('must exclude an ill employee') is not limited to them. ARSD 44:20:03:09 (Ex. DUT-SD-003) adds the department's own exclusion power over food handlers with the employer 'responsible for ensuring compliance.'.